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Cmta Ra 10863 PDF

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1K views84 pages

Cmta Ra 10863 PDF

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Chimney sweep
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Ho, 528 5. No, 2968 Republic of the Bhflipyines Congress af the Philippines Blots Mila Bisterth Congeess ‘Uhird Regular Session —a— Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen, [ Repupuic Act No. 10863] AN ACT MODERNIZING THE CUSTOMS AND TARIFF ADMINISTRATION Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled ‘TTLE IT PRELIMINARY PROVISIONS CHAPTER L SuoRr TITLE SECTION 100. Short Tile. ~ This Act shall be known a8 the "Customs Modernization and Tariff Act (CMTA)* CHAPTER 2 GENERAL AND COMMON PROVISIONS Su0, 101. Declaration of Policy. — Ibis hereby declared the policy ofthe Stato to protect and enhance government revenue, institute fair and transparent customs and tariff management that will efficiontly facilitate international trade, prevent and curtail any form of customs fraud and illegal acts, and modernize customs and tariff administration, ‘Towards this end, the Stato ‘shall: 2 (8) Develop and implement programs for the continuous enhancoment of customs systems and processes that will harmonize customs procedures; (©) Adoptclear and transparent customs rules, regulations, policies end procedures, consistent with international standards and customs best practices; © Establish a regime of transpareney of and accessibility to customs information, customs laws, rules, regulations, administrative policies, procedures and practices, in order to ‘ensure informed and diligent compliance with customs practices and procedures by stakeholders; @ Consult, coordinate and cooperate with other governinent agencies and the private sector in implementing and developing customs policy: © Provide a fair and expeditious administrative and judicial appellate remedy for customs related grievances and matters; © Employ modern practices in customs administration and utilize information and communications technology in the implementation of customs functions; and () Institute professionalism and meritocracy in customs tax administration by attracting and retaining competent and capable customs officers and personnel to enforce the provisions ofthis Act. SEC. 102. Definition of Terms. — As usedin this Act: (@) Abatement refers to the reduction or diminution, in ‘whole or in part, of duties and taxos where payment has not been made; () Actual or Outright Exportation refers to the customs procedure applicable to goods which, being in froe circulation, leave the Philippine territory and are intended to remain permanently outside it; esc eaee ie i | a (© Admission refers to the act of bringing imported goods directly or through transit into a free zone; @ Airway Bill (AWB) refers to a transport document for airfreight used by airlines and international freight forwarders which specify the holder or consignee of the bill who has the right to claim delivery of the goods when they arrive at the port of destination. Tt is a contract of carriage that includes carrier conditions, such 2s Limits of liability and claims procedures. In addition, it contains transport instructions to airlines and carriers, a description of the goods, and applicable transportation charges; (©) Appeal refers to tho remedy by which a person whois aggrieved or adversely affected by any action, decision, order, or omission of the Bureau, seeks redroas before the Bureau, the Secretary of Finance, or competent court, as the case may bo; © Assessment refers to the process of determining the ‘amount of duties and taxes and other charges due on imported and exported goods; © Authorized Economic Operator (ABO) refers to the ‘importer, exporter, customs broker, forwarder, freight forwarder, transport provider, and aay other entity duly accredited by the Bureau based on the World Customs Organization (WOO) Framework of Standards to Secure and Facilitate Global Frade, the Revised Kyoto Convention (RKC), the WCO Supply Chain. Management Guidelines and the various national best practices io promote trade facilitation and to provide a seamless movement of goods across borders through secure international trade supply ‘chains with the use of isk management and modern technology; (i) Bill of Lading (B/L) refers to a transport document iscued by shipping lines, carriers and international freight forwarders or non-vessel operating common.carrier for water-borne freight. The holder or consignee of the bill has the right to claim delivery of the goods at the port of destination, it is a contract of carriage that includes earrier conditions. such as limits of liability and claims procedures. In adiition, it ‘contains transport instructions to shipping lines and carriers, a description of the goods, and applicable transportation charges @ Bureau raters to the Bureau of Customs; @ Carrier refers to the person actually transporting goods or in charge of or responsible for the operation of the means of ‘transport such as airlines, shipping lines, freight forwarders, cargo Consolidators, non-vessel operating common carriers and other international transport operators; (&)_ Clearance refers ta the completion of customs and other government formalities necessary to allow goods to enter for consumption, warehousing, transit or transhipment, or to be exported or placed under another customs procedure; © Commission refers to the Tariff Commission; (m) Conditional Importation refers to the customs procedure known under the RKC as temporary admission in which certain goods can be brought into a customs territory conditionally relieved, totally or partially, from payment of import duties and taxes; such goods must be imported for a epecific purpose and must be intended for reexportation within a specified period and without having undergone any substantial, change except dus to normal depreciation; (n) Customs Broker refers to any person who is a bona fide holder of a valid Certificate of RegistratiowProtessional Identification Card issued by the Professional Regulatory Board and Professional Regulation Commission pursuant to Republic Act No, 9280, as amended, otherwise known as the "Customs ‘Brokers Act of 2004"; ©) Customs Office refers to any customs administrative unit thatis competent and authorized to perform allor any of the fanetions enumerated under customs and tariff lawe; () Customs Officer, as distinguished from a clerk or employee, refers to a person whose duty, not being clerical or manualin nature, involves the exercise of discretion in performing ‘the fanction of the Bureau. It may also refer to an employee 5 authorized to perform a specific function of the Bureaus provided iin thie Act; (@ Customs Territory refers to areas in the Philippines where customs and tarifflaws may be enforced: (©) Entry refers to the act, documentation and process of bringing imported goods into tho eustoms territory, including goods coming from free zones; @ Exportation refers to the act, documentation, and process of bringing goods out of Philippine territory; © Export Declaration refers to a statement made in the manner prescribed by the Bureau and other appropriate agencies, by which the persons concerned indicate the procedure to be observed for talring out or causing to be taken out any exported goods and the particulars of which the custome administration shall require; (W) Flexible Clause refer to the power ofthe President upon recommendation of the National Economie and Development Authority (NEDA): (1) to increase, reduce ar remove existing Protective tariffrates of import duty, but in no case shall be higher than one hundred percent (100%) ad valorem; (2) to establish import quota or to ban importation of any commodity ag may be necessary; and (8) to impose additional duty on all import not exceeding ten pereent (10%) ad valorem, whenever necessary; (©) Foreign Exporter refers to one whose name appears on documentation attesting to the expert of the product to the Philippines regardless of the manufacturer's namein the invoice; (@) Free Zonerefers to special economic zones registered. with the Philippine Economic Zono Authority (PEZA) under Republic Act No. 7916, as amended, duly chartered orlegislated special economic zones and freeports euch as Clark Freeport Zone; Poro Point Freeport Zone; John Hay Special Economic Zone and Subic Bay Freeport Zone under Republic Act No. 7227, as amended by Republic Act No. 9400; the Aurora Special Eeonomis Zone under Republic Act No. 9490, as amended; the Cagayan Special Boonomic Zone and Freeport under Republic Act No. 7922; tho Zamboanga City Special Economic Zone under Republic Act No. 7803; the Freeport Ares of Bataan under Republic Act No. 9728; and euch other freeports as established or may be created bylaw; (S) Goods refer to articles, wares, merchandise and any other items which are subject of importation or exportation; @)_ Goods Declaration refers to a statement made in the manner prescribed by the Bureau and other appropriate agencies, by which the persons concerned indicate the procedure to be observed in the application for the entry or admission ofimported. goods and the particulars of which the customs administration shall require; @ Importation refers to the act of bringing in of goods from a foreign territory inte Philippine territary, whether for consumption, warehousing, or admission as defined in this Act; (aa) Freight Forwarder refers to a local entity that acts 8 a cargo intermediary and facilitates transport of goods on behalf of ite client without assuming the role of a carrier, which ean also perform other forwarding servicos, such as booking cargo ‘space, negotiating freight rates, preparing documents, advancing freight payments, providing packing/erating, trucking and warehousing, engaging as an agent/representative of a foreign non-vessel operating as a common carrier/eargo consolidator named in a master hill of lading as consignee of a consolidated shipment, and other related undertakings; (bb) International Freight Forwarder refers to persons responsible for the assembly and consolidation of shipments into single lot, and assuming, in most cases, the full responsibility for the international transport of such shipment from point of receipt to the point of destination; (cd) Jurisdictional Control refers to the power and rights of the Bureau in exercising supervision and police authority over all seas within the jurisdiction of the Philippine territory andover all coasts, ports, airports, harbors, bays, rivers and inland waters whether navigable or not from the sea a) Lodgement refers to the registration of a goods declaration with the Bureau; (©) _Non-Vessel Operating Common Carrier (NVOCC) refers toan entity, which may or may not own or operate a vessel that provides a paint-to-point service which may include sevéral modes of transport and/or undertakes group age of less container toad (LOL) shipments and issues the corresponding transport jocument; (B) Quiright Smuggling refors to an act ofimporting goods into the country without complete customs prescribed importation documents, or without being cleared by customs or other regulatory government agencios, for the purpose of evading aymentof prescribed taxos, duties and other government chargos: (G2) Perishable Good refers to goods liable to perish or ‘goods that depreciate greatlyin value while stored or which cannot be kept without great disproportionate expense, which may bo Prosvedod to, advertised and sold atauction upon notice ifdoomed (hh) Port of Entry refers to 2 domestic port open to both

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