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REPUBLIC ACTS
AN ACT REGULATING THE PRACTICE OF
CUSTOMS BROKERS PROFESSION IN THE PHILIPPINES, CREATING FOR THE PURPOSE
A PROFESSIONAL REGULATORY BOARD FOR CUSTOMS BROKERS, AND APPROPRIATING
FUNDS THEREFOR. |
ARTICLE
I Section 1. Short Title. – This Act shall be known as the "Customs Brokers Act of 2004." Sec. 2. Declaration of Policy. – It is hereby declared the policy of
the State to give priority attention and support to professional zing
the practice of customs brokers profession in the Philippines which
will be beneficial to the country in general and to the economy in
particular. Sec. 3. Objectives. – This Act provides for and shall govern: (a)
The standardization and regulation of customs administration education; (a)
"Customs Broker" - is any person who is bona fide holder of a valid
Certificate of Registration/Professional Identification Card issued by
the Professional Regulatory Board and Professional Regulation
Commission. ARTICLE
II Sec. 6. Scope of the Practice of Customs Brokers. – Customs Broker
Profession involves services consisting of consultation, preparation of
customs requisite document for imports and exports, declaration of
customs duties and taxes, preparation signing, filing, lodging and
processing of import and export entries; representing importers and
exporters before any government agency and private entities in cases
related to valuation and classification of imported articles and
rendering of other professional services in matters relating to customs
and tariff laws its procedures and practices. Sec. 7. Power and Functions of the Board. - The Board shall the
following powers and functions: (a)
Promulgate, administer and enforce rules and regulations, including the
Code of Ethics and Code of Technical Standards of customs brokers
necessary for carrying out the provisions of this Act; Sec. 8. Qualification of the Chairman and Members of the Board. – The
chairman and members of the Board must, at the time of their
appointment: (a)
Be a citizen and resident of the Philippines Sec. 9. Term of Office. – The members of the Board shall hold office for a term of three (3) years or until their successors shall have been appointed and qualified. They may, however, be reappointed for a second term. Any vacancy in the Board shall be filled for the unexpired portion of the term only. Each member shall take an oath of office prior to the assumption of duties. The incumbent chairman and members of the Board shall continue to serve until their replacements shall have been appointed and qualified. Sec. 10. Compensation and Allowances of the Chairman and Member of the Board. – The chairman and the members of the Board shall receive the compensation and allowances comparable to the compensation and allowances receive by the chairman and members of other professional regulatory Boards. Sec. 11. Suspension and Removal of the Chairman and Member of the Board. – The chairman or any member of the Board may be suspended or removed by the President of the Philippines upon recommendation of the Commission for neglect of duty, abuse of power, oppression, incompetence, unprofessional, unethical, immoral or dishonorable conduct, commission or toleration of irregularities in the conduct of examination or tampering of the grades therein, or for any final judgment or conviction of any criminal offense involving moral turpitude by the court after having been given the opportunity to defend himself in a proper administrative investigation. Sec. 12. Supervision of the Board, Custodian of its Records,
Secretariat and Support Services. – The Board shall be under the
general supervision and administrative control of the Commission. All
record of the Board, including application for examination, examination
papers and results, minutes of deliberations, administrative and other
investigative cases involving customs brokers, shall be kept by the
Commission. Sec. 13. Annual Report. – The Board shall, at the close at each
calendar year, submit an annual report to the Commission, giving a
detailed account of its proceedings and accomplishments during the year
and recommending measures to be adopted with the end in view of
upgrading and improving the condition affecting the practice of customs
broker profession in the Philippines. ARTICLE
III Sec. 14. Licensure Examination. – Every applicants seeking to be registered and licensed as professional customs broker shall undergo an examination as to provided for in this Act. Examinations for the practice of customs broker profession in the Philippines shall be given by the Board at least once every year in such places and dates as the Commission may designate in accordance with the provisions of Republic Act No. 8981. Sec. 15. Scope of Examination. – A written examination shall be given
to the licensure applicants for customs broker profession, which shall
include but not limited to the following: (a)
Customs Laws and Implementing Rules and Regulations; Sec. 16. Qualifications of Applicants for Examinations. – In order to
be admitted to the licensure examination for customs broker profession,
a candidate shall at the time of filing his/her application, establish
to the satisfaction of the Board that: (a)
he/she is a citizen of the Philippines or of a foreign country
qualified to take the examination as provided in the reciprocity
provision of this Act; Sec. 17. Ratings of Examination. – In order that a candidate may be deemed to have successfully passed the examination, he/she must have obtained an average of at least seventy-five percent (75%) in all subjects, with no rating below sixty percent (60%) in any subject. Sec. 18. Release of the Results of Examination. – The results of the Licensure Examination shall be released by the Board within ten (10) days from the last of the examination. Sec. 19. Issuance of the Certificate of Registration and Professional
Identification Card. – A Certification of Registration shall be issued
to examinees who pass the licensure examination for customs broker
profession subject to payment of fees prescribed by the Commission. The
Certificate of Registration shall bear the signature of the Chairperson
of the Commission and the Chairman and members of the Board, stamped
with the officials seal of the Commission, indicating that the person
named therein is entitled to practice the profession of customs broker
with all the benefits and privileges appurtenant thereto: Provided,
That he/she shall be allowed to practice the profession in any
collection district without the need of securing another license from
the Bureau of Customs. The Certificate of Registration shall remain in
full force and effect until revoked or suspended in accordance with
this Act. Sec. 20. Refusal Register. – The Board shall not register and issue a Certification of Registration to any successful examinee who has been convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude or has been found guilty of immoral of dishonorable conduct after investigation by the Board, or has been declared to be unsound mind. The reason for the refusal shall be set forth in writing. Sec. 21. Revocation of Suspension of the Certificate of Registration, Professional Identification Card or Cancellation of Temporary/Special Permit. – The Board may, after giving proper notice of hearing to the party concerned, revoke the Certificate of Registration and Professional Identification Card of a Professional Customs Broker or suspend him/her temporary/ special permit for any of the causes of grounds under Section 20 or upon unprofessional or unethical conduct, malpractice, or violation of any of the provisions of this Act, its implementing rules and regulations, and a Code of Ethics for Professional Customs Brokers. Sec. 22. Reinstatement, Reissuance or Replacement of Certificate of
Registration, Professional Identification Card and Temporary/Special
Permit. - The Board, may, after two (2) years from the date of
revocation of Certificate of Registration reinstate any revoked
Certificate of Registration and reissue a suspended Professional
Identification Card. Sec. 23. Roster of Professional Customs Brokers. – The Board, in coordination with the accredited professional organization, shall prepare, update and maintain a roster of professional customs brokers which shall contain the names of registered professional customs brokers, their residence and office addresses, dates of registration or issuance of certificates, and other data which the Board may deem pertinent. Sec. 24. Issuance of Special or Temporary Permit. – Upon application
and payment of the required fees, and subject to the approval of the
Commission, the Board may issue special or temporary permits to
professional customs brokers from foreign countries whose services are
urgently needed in the absence or inadequacy of local professional
customs brokers for the purpose of promoting or enhancing the practice
of the profession in the Philippines. ARTICLE
IV Sec. 26. Oath. – All successful examinees qualified for registration shall be required to take an oath of profession before any member of the Board or any government official authorized by the Commission or any person authorized by law to administer oaths prior to entering into the practice of customs broker profession. Sec. 27. Acts Constituting the Practice of Customs Brokers Profession. – Any single act or transaction embraced within the provision of Section 6 hereof shall constitute an act of engaging the practice of customs broker profession. Import and export entry declaration shall be signed only by customs broker under oath based on the covering documents submitted by the importers. Sec. 28. Prohibition Against the Unauthorized Practice of Customs Broker Profession. – No person shall practice or offer to practice the customs broker profession in the Philippines or offer himself/herself as customs broker, or use the title, word, letter, figure, or any sign tending to convey the impression that one is a customs broker, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession unless he/she has satisfactory passed the licensure examination given by the Board, except as otherwise provided in this Act, and is a holder of a valid Certification of Registration and Professional Identification Card or a valid special/temporary permit duly issued to him/her by the Board of Commission. Sec. 30. Prohibition Against Financing Activities By Customs Brokers. – No Customs Brokers shall advance and finance on behalf of their client-importers the payment of duties and taxes, arrastre charges, wharfage dues, storage fee and other port charges. Sec. 31. Accredited Professional Organization. – All professional customs brokers shall have one national organization, which shall be recognized by the Board of the Commission as the one and only accredited professional organization of customs brokers. A professional customs broker duly registered with the Board shall automatically become a member of the accredited professional organization of customs brokers and shall receive the benefits and privileges appurtenant thereto. Membership in the accredited professional organization of customs brokers shall not be a bar to membership in other associations of customs brokers. Sec. 32. Code of Ethics for Customs Broker Profession. – The Board shall adopt and promulgate the Code of Ethics and Code of Technical Standards which shall be prescribed and issued by the accredited professional organization of customs brokers. Sec. 33. Vested Right: Automatic Registration of Customs Brokers. – All
customs brokers who are registered and licensed at the time this Act
take effect shall automatically be registered. ARTICLE
V Sec. 35. Appropriations. – The Chairperson of the Professional Regulation Commission shall immediate include in the Commission’s program the implementation of this Act, the funding of which shall be included in the annual General Appropriation Act and thereafter. Sec. 36. Transitory Provision. – The existing Board of Customs Brokers shall continue the function in the interim until such time that the new Board shall be constituted pursuant to this Act. Sec. 37. Implementing Rules and Regulations. – The Board, subject to the approval by the Commission, in coordination with the accredited professional organization, shall issue and promulgate the rules and regulations, including the Code of Ethics for customs broker profession needed to implement the provision of this Act. Sec. 38. Separability Clause. – If any clause, sentence, paragraph or part of this Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impact any other part of this Act. Sec. 39. Repealing Clause. – Section 3401 to Section 3409 of Republic Act No. 1937 are hereby repealed and all laws decrees, executive orders, memorandum orders, and other administrative issuances and parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed accordingly. Sec. 40. Effectivity. - This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in a major
newspaper of general circulation in the Philippines. Approved: March 30, 2004 |
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