Vessel Regulations and Customs

• Vessels and aircraft involved in foreign trade must use designated ports of entry, unless an exception is allowed by law.
• Existing government contracts for handling import/export cargo must be respected.
• Vessels or aircraft arriving from a foreign port must dock at a designated port of entry and are subject to the District Collector's authority.

Control Over Vessels

• Unauthorized personnel are prohibited from boarding or leaving a vessel engaged in foreign trade without customs officer permission; exceptions include the pilot, consul, quarantine officers, and other authorized individuals.
• Unauthorized craft are not allowed to approach the vessel, and authorized personnel cannot bring unauthorized individuals on board, nor allow loitering near the vessel.
• Unauthorized vessels must maintain a distance of at least 50 meters from vessels engaged in foreign trade.

Documents Required Upon Vessel Entry

• Vessel's general declaration
• Original cargo manifest for the port (returned with boarding officer's endorsement)
• Three copies of the original manifest
• Cargo stowage plan copy
• Two copies of the store list
• Passenger list copy
• Crew list copy
• Original copy of all through cargo manifest for deposit
• Passenger manifest with names of all foreigners
• Original duplicate copy of the bill of lading
• Shipping goods and vessel register for Philippine-registered vessels
• Other related documents

Cargo Manifest Requirements

• Every vessel from a foreign port must have a complete cargo manifest.
• Cargoes for different Philippine ports must have separate manifests.
• Each manifest includes port of departure/delivery, marks, numbers, quantity, package description, and consignee names.
• Complete manifests of passengers and baggage and a list of sea stores are required.
• If no cargo or passengers are carried, the manifest must state this.
• Shipping companies must electronically send a true copy of the cargo manifest in advance, within a Bureau-determined cut-off period before arrival.
• Shipping companies must provide two hard copies of the cargo manifest to the Bureau upon arrival at the Port of Manila (PoM) or the Manila International Container Port (MICP), and one copy for other ports of entry.
• Manifests cannot be altered after vessel entry except via a sworn amendment by the master, consignee, or agent.
• Amendments are not allowed after invoice/goods declaration receipt, unless a clerical error or discrepancy exists without fraudulent intent.

Translation and Distribution of Manifests

• Cargo manifests in a foreign language must include an English translation.
• The Bureau provides electronic manifest copies to the COA Chairperson upon vessel arrival.
• The master presents the original cargo manifest (endorsed by the boarding officer) and ship documents to the District Collector.

Philippine Crew Production

• The master of a Philippine vessel returning from abroad must present the entire crew listed on the shipping crew manifest.
• For any missing crew member, the master must provide proof of death, absconding, forced service, or discharge.
• In case of discharge abroad, a certificate from the Philippine consul is required, showing consent for the discharge.

Record Keeping

• Customs Districts must maintain a publicly accessible record of vessel and aircraft arrival and entry dates.

Arrest of Vessels/Aircraft

• District Collectors can arrest vessels/aircraft that depart or attempt to depart before entry (unless compelled by weather, enemies, or necessity).

Ballast Discharge

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

Cargo Unloading Times

• Outside of official working hours, unloading cargo from a vessel or aircraft requires payment of service fees.

Vessel Entry Due to Necessity

• If a vessel is forced to enter a port other than its destination, the master must file a protest under oath within 24 hours, explaining the necessity.
• The master must report any cargo unloaded due to necessity or lost by casualty, with sufficient proof.

Unloading in Port Due to Necessity

• The District Collector may grant a permit for unloading goods, stored under customs supervision, if there is sufficient proof of necessity.
• The District Collector may grant permission to a vessel to enter the port and pay duties, taxes and other charges on, and dispose of, such part of the cargo as may be perishable in nature or as may be necessary to defray the expenses attending the vessel.
• Cargo may be reloaded for departure, subject to storage and safekeeping charges and entrance/clearance fees.
• Vessels entering due to weather, duress, or necessity are exempt from port charges.

Foreign Government Vessels

• Entry and clearance of foreign government transport/supply ships are governed by agreements between the Philippines and the respective foreign government.

Vessel Clearance for Foreign Ports

• A master or agent must present the following authenticated documents to the District Collector:
• A bill of health from the quarantine officer.
• Three copies of the export cargo manifest.
• Two copies of the passenger list.
• The register and shipping goods if the vessel is of Philippine registry.
• Clearance issued by the last port of entry.
• A certificate from the Philippine Postal Corporation.
• Vessels cannot sail without receiving mail bags from the Philippine Postal Corporation with reasonable compensation.
• A Board of Referees decides on compensation disputes between the Postmaster General and the master/agent.

Detention of Warlike Vessels

• District Collectors must report or detain vessels of commercial registry built for warlike purposes if circumstances suggest hostile intent against a foreign entity at peace with the Philippines.
• This detention lasts until the President's decision or the owner provides security against hostile actions.

Oath of Departing Vessel Master

• The master must swear that:
• All cargoes destined for the Philippines have been duly discharged or accounted for.
• A true copy of the outgoing cargo manifest has been furnished to the Bureau.
• No unauthorized letters or packets will be conveyed.
• All mails placed on board before departure have been delivered to the proper foreign port.
• If clearing without passengers, no unauthorized persons will be carried.

Extension of Clearance Time

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

Advance Notice of Aircraft Arrival

• Nonscheduled arrivals require timely notice to customs, quarantine, and immigration officers near the intended landing place.
• Radio equipment should be used if dependable facilities are unavailable.
• Scheduled airlines following regular schedules filed with the District Collector are exempt from advance notice.

Landing at International Airports

• Aircraft must land at an international airport of entry unless permission to land elsewhere is obtained from the Commissioner.
• Expenses for inspecting landings elsewhere are borne by the aircraft owner/operator.
• During emergency landings, the crew may not allow cargo, baggage, passengers, or crew members to leave without permission, unless for safety or communication.
• The pilot-in-command must report the circumstances of emergency landings to customs officers.

Aircraft Arrival Reporting

• The pilot-in-command must report arrival to the District Collector at the airport of entry.
• The aircraft is boarded by quarantine and customs officers; no one can board or leave without customs permission.
• The pilot-in-command makes the necessary entry and cannot depart or discharge goods without permission.

Documents for Aircraft Entry

• Present four copies of a general declaration containing:
• Owner/operator name, aircraft registration, and flight number
• Points of clearance/entry and arrival date
• Health and customs clearance at the last airport
• Itinerary, including origin and departure dates
• Crew member names and nationalities
• Passenger manifest with embarkation/destination points
• Cargo manifest with airway bill details, package numbers, goods nature, destination, and weight, plus airway bill copies
• Store list
• Other required documents
• The general declaration must be in English and signed by the pilot-in-command or operator.
• Health/customs clearances are signed by the pilot-in-command.
• State if no cargo or passengers are carried.
• Cargo manifests can only be altered via a sworn amendment, except for obvious clerical errors discovered after examination.

Manifest Distribution for Aircraft

• The Bureau provides electronic manifest copies to the COA Chairperson upon arrival of aircraft from a foreign port.
• 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 a foreign port require clearance from the Commissioner at an authorized airport of entry.
• Present four copies of a general declaration containing:
• Owner/operator name, aircraft registration, and flight number
• Port of clearance, date, and destination
• Health and customs clearance
• Itinerary, including destination airport and departure date
• Crew member names and nationalities
• Passenger manifest with destination points
• Export cargo manifest with airway bill details, package numbers, goods nature, destination, and weight, plus airway bill copies
• Store list

Oath of Person-in-Charge of Departing Aircraft

• The pilot-in-command must swear that:
• All cargoes destined for the Philippines have been duly discharged and accounted for.
• The aircraft has not received unauthorized letters or packets.
• All mails placed on board before departure have been delivered to the proper foreign port.
• Aircraft cleared to depart without passengers must not carry any.

Record of Aircraft Arrivals

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

Unloading Cargo by Distressed Vessel

• A distressed vessel may unload cargo with a permit from the Collector of Customs, subject to terms and conditions.
• If cleared in the port of discharge, unloading follows the same rules as cargo destined for that port.
• Cargoes are discharged onto the pier unless a Shipside Discharge Permit is authorized.
• Lighters must be closed, sealed, and under guard until final disposition.

General Permits

• The Customs Senior Boarding Officer issues a "General Permit" upon placing the vessel under surveillance and control.
• The permit does not authorize loading export cargo or delivering import cargo without required entries or permits.
• The permit is endorsed by the Customs Inspector, included in their report, and shows if all import cargoes have been discharged.

Shipside Permits

• Shipside Permit: Authority for the Customs Inspector to allow discharge of cargoes onto lighters, under guard.
• Issued by the Collector of Customs or authorized representative.
• Regular Shipside Permit: Issued for cargoes categorized as "regular shipside cargoes".
• Special Shipside Permit: Required for non-"regular shipside cargoes," such as ballast, garbage, vessel parts.
• Requires authority from the Collector of Customs before processing.
• Temporary Shipside Permit: Emergency measure for discharging cargoes at shipside onto lighters as per order of the Collector of Customs.
• Issued when regular offices are closed.
• Conditions include continuous under guarding, lighter remaining in the designated area, and notification to relevant authorities.

Electronic Manifest (e-Manifest): Air Freight

• e-IFM (electronic Inward Foreign Manifest): Submitted by shipping lines, includes details of all master bills of lading.
• For ports of origin in Asia:
• 2 hours before arrival (CMO 23-2011)
• 1 hour before arrival for flights with less than 2 hours flying time
• Upon arrival (CMO 10-2015, issued 10 April 2015)
• For ports of origin outside of Asia:
• 4 hours before arrival (CMO 23-2011 & CMO 10-2015)
• e-CCM (electronic Consolidated Cargo Manifest): Submitted by consolidators/freight forwarders, includes information about house bills of lading for consolidated shipments.
• For ports of origin in Asia:
• At least 1 hour before arrival (CMO 23-2011)
• 1 hour after arrival if e-IFM submitted on time (CMO 10-2015)
• For ports of origin outside of Asia:
• At least 2 hours before arrival (CMO 23-2011)
• Late Submission: If e-IFM is submitted late, the e-CCM is accepted if the time of submission does not exceed 24 hours after e2m registration.
• Penalties: Penalties for late submission and supplemental IFM/CCM are the same as sea freight.
• Php 1,000.00 for late submission and no penalty for supplemental manifest if submitted up to 24 hours after the cut-off time of eIFM (CMO 10-2015)

Load Port Survey Report (LPSR)

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

Unloading of Cargoes

• General Permit: Issued by the authorized customs boarding officer upon completion of Boarding Formalities, immediately after placing the Vessel under customs surveillance and control for the discharge of the cargoes.
• This however, does not authorize the delivery or transfer of import cargo at ship's side, or to other designated areas, warehouses, or conveyances without the requisite permits.
• Discharging or Unloading of Containerized Cargoes: Unloading is authorized only upon issuance of a general permit.
• Verify the container number/s against the discharging sequence
• Check or inspect if container seals are intact
• Submit a Discharging Report to the Chief, PID or its equivalent office upon completion of the unloading operation.
• Discharging or Unloading of Bulk and Break-bulk: Cargoes shall not be discharged unless they are duly covered by Load Port Survey Report (LPSR) - the Management Information System and Technology Group (MISTG) shall provide the PID or its equivalent office advance electronic copies of the LPSR prior to the arrival of the Vessel.
• In the absence of the LPSR, the authorized customs officer shall require a Discharge Port Survey (DPS) prior to the discharge.
• The Bureau however may allow the discharge of bulk and break-bulk shipments subject to continuous underguarding and other conditions that may be imposed. The authorized customs officer shall require a daily approved request for DPS prior to the discharge thereof.

Shipside Permits

• Shipside Permit: In addition to the General Permit to unload and the LPSR or the DPS as the case may be, shipside discharge of cargoes shall be authorized only upon presentation of necessary Shipside Permit issued by the District Collector or his duly authorized representative.
• Verify shipment is covered by the Shipside Permit against the Cargo Manifest as to the correctness of marks and numbers, quantity, kind of merchandise, weight, etc.
• Issue a Transfer Note covering the shipment mentioned on the permit, setting forth the conditions.
• Assign authorized customs officers
• To check the Shipside Permit so that only authorized to be discharged are unloaded
• To underguard the lighter with the cargoes if the permit so stipulates
• When Bulk cargoes are to be discharged unto lighters, the authorized customs officer shall not allow any cargo to be unloaded without first obtaining the ton or inch immersion table of the lighter from the patron.
• Vessels : anchored at the anchorage, personal effects, parcel cargoes and the like may be discharged at shipside.
• Cargoes release - presentation -Statement of Settlement of Duties and Taxes (SSDT) duly issued by the Formal Entry Division or its equivalent office.

Special Permits

• Discharge of Ballast: When not brought to port as goods, Ballast of no commercial value may be discharged upon permit granted by the District Collector.
• Direct to Truck Transfer: allowed request of Consignee or importer duly approved by the District Collector - container or cargo from Vessel to truck
• Discharging of Vessel Sludge: Vessel sludge shall be discharged upon approval by the District Collector -Philippine Ports Authority (PPA) rules and regulations.
• Bunkering Permit: Bunkering or refueling shall be allowed upon permit issued by the Bureau.
• Transfer to Another Vessel: The transfer of cargoes from one Vessel to another shall be allowed upon permit issued by the District Collector
• Shifting of Cargoes: Shifting of cargoes shall be allowed upon written request of the Master of the Vessel or Authorized Agent duly approved by the District Collector.

Passengers' Baggage, Parcel List and Crews' Personal Effects

• The authorized customs officer shall cause the immediate discharge of all baggage, parcel cargoes and articles brought in by the ship's crews and passengers for discharge at the pier.
• The authorized customs officer shall remind the Chief Officer or the Purser of the Vessel, if necessary, that baggage and parcels must be discharged promptly and have the same transferred, underguarded, to the PID or its equivalent office, where proper receipt will be noted on the face of the Transfer Note and subject for examination by authorized customs officer.
• No permit is required for the discharge and landing of baggage.

Schedule of Penalties

• Vessel, Seacraft, or Aircraft Departing Before Undergoing Customs Formalities

• First Offense - One Hundred Thousand Pesos (Php100,000.00)

• Second Offense - Two Hundred Thousand Pesos (Php200,000.00)

• Third Offense - Three Hundred Thousand Pesos (Php300,000.00)

• Obstruction to Boarding Officer

• First Offense - One Hundred Thousand Pesos (Php100,000.00)

• Second Offense - Two Hundred Thousand Pesos (Php200,000.00)

• Third Offense - Three Hundred Thousand Pesos (Php300,000.00)

• Unlawful Boarding of or Disembarking from the Vessel or Aircraft

• First Offense - One Hundred Thousand Pesos (Php100,000.00)

• Second Offense - Two Hundred Thousand Pesos (Php200,000.00)

• Third Offense - Three Hundred Thousand Pesos (Php300,000.00)

• Unloading of Cargo Before Arrival at the Port of Entry

• First Offense – Five Hundred Thousand Pesos (Php500,000.00)

• Second Offense – One Million Pesos (Php1,000,000.00)

• Third Offense – Two Million Pesos (Php2,000,000.00)

• Unloading of Cargo at Improper Time or Place After Arrival

• First Offense - One Hundred Thousand Pesos (Php100,000.00)

• Second Offense - Two Hundred Thousand Pesos (Php200,000.00)

• Third Offense - Three Hundred Thousand Pesos (Php300,000.00)

• Failure to Exhibit or Deposit Documents

• First Offense - One Hundred Thousand Pesos (Php100,000.00)

• Second Offense - Two Hundred Thousand Pesos (Php200,000.00)

• Third Offense - Three Hundred Thousand Pesos (Php300,000.00)

• Bringing of Unmanifested Arms, Explosives, or War Equipment

• First Offense – Five Hundred Thousand Pesos (Php500,000.00)

• Second Offense – Seven Hundred Fifty Thousand Pesos (Php750,000.00)

• Third Offense – One Million Pesos (Php1,000,000.00)

• Failure to Supply Advance and Requisite Manifests

• First Offense - One Hundred Thousand Pesos (Php100,000.00)

• Second Offense - Two Hundred Thousand Pesos (Php200,000.00)

• Third Offense - Three Hundred Thousand Pesos (Php300,000.00)

• Breaking of the seal placed by customs officers

• First Offense - One Hundred Thousand Pesos (Php100,000.00) for each broken or destroyed seal

• Second Offense - Two Hundred Thousand Pesos (Php200,000.00) for each broken or destroyed seal

• Third Offense or more - Three Hundred Thousand Pesos (PhP300,000.00) for each broken or destroyed seal

• Disappearance of Manifested Goods

• First Offense – Five Hundred Thousand Pesos (Php500,000.00)

• Second Offense – Seven Hundred Fifty Thousand Pesos (Php750,000.00)

• Third Offense – One Million Pesos (Php1,000,000.00)