Rules for the Exercise of the Visitorial Power of the Bureau of Customs

March 22, 2006 DOF DEPARTMENT ORDER NO .013-06 PRESCRIBING RULES FOR THE EXERCISE OF THE VISITORIAL POWER OF THE BUREAU OF CUSTOMS UNDER SECTION 2536 OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED Pursuant to Section 7(4), Chapter 6, Book IV, Title III of Executive Order No. 292 ,otherwise known as " The Administrative Code of 1987 ," in relation to Section 608 of the Tariff and Customs Code of the Philippines (TCCP),as amended ,the following rules are hereby prescribed for the proper exercise of the visitorial power of the Bureau of Customs. SECTION 1. Scope . This Order shall apply to the exercise and conduct of the visitorial power of the Commissioner of Customs, Collectors of Customs, and/or customs officials with prior written authorization from the Commissioner, under Section 2536 of the TCCP, as amended. SECTION 2. Objectives . This Order is issued to effectively implement Section 2536 of the TCCP, as amended, or what is more popularly known as the "visitorial power" of the Bureau of Customs and to facilitate the resolution of issues and disputes arising from the exercise of such power. SECTION 3. General Guidelines . In the exercise of the visitorial power, the Commissioner of Customs, Collectors of Customs and/or customs officials with prior written authorization from the Commissioner of Customs shall, as circumstances warrant, perform the following acts, to wit: 1. To authorize the examination, appraisal, assessment and/or collection of duties and taxes due the foreign goods/articles right in the premises where they have been found openly offered for sale, or kept in storage if no evidence of payment of duties and taxes on the foreign articles can be produced, and after payment of the duties and other charges thereon has been made, release the same to the claimant, regardless of whether a Warrant of Seizure and Detention (WSD) may have been issued or not; or 2. To conduct inventory, seize, transport and/or take custody of said goods, if no evidence of payment of duties and taxes can be shown, by placing the goods under the control and supervision of the Bureau of Customs (BOC),subject to existing rules and regulations, or in any other place that it may deem secure, safe and economical constituting the same as special customs area strictly for this purpose. 3. To perform such acts as may be proper and necessary to carry out the objectives of this Order. SECTION 4. Nature of Proceedings . All proceedings emanating from the conduct of the visitorial power under Section 2536 of the TCCP, as amended, shall be summary in nature, without prejudice to the filing of criminal and administrative charges in accordance with existing law. SECTION 5. Other Seizure Cases . All seizures of foreign articles which do not arise from the exercise of the visitorial power under Section 2536 shall continue to be governed by Section 2313 of the TCCP, as amended. SECTION 6. Implementing Rules and Regulations . The Commissioner of Customs may issue such implementing rules or issuances necessary to carry out or clarify any part of his Order. SECTION 7. Effectivity . This Order shall take effect immediately. DaTICc (SGD.) MARGARITO B. TEVES Secretary