Amending R.A. No. 9280 (Customs Brokers Act of 2004)
Republic Act No. 9853 amends Republic Act No. 9280, the Customs Brokers Act of 2004, primarily refining the definitions and practices related to customs brokerage. It clarifies that engaging in customs brokerage involves signing import entries and export declarations, with specific responsibilities assigned to customs brokers and exporters. The amendment also allows corporations to register for customs brokerage, provided they hire at least one licensed customs broker and maintain a minimum paid-up capital of one million pesos. Additionally, the Act includes a repealing clause for any conflicting regulations and stipulates that it will take effect fifteen days after publication.
Law Information
- Reference Number
- Republic Act No. 9853
- Date Enacted
- Category
- Statutes
- Subcategory
- Republic Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 15, 2009
REPUBLIC ACT NO. 9853
AN ACT AMENDING REPUBLIC ACT NO. 9280, OTHERWISE KNOWN AS THE "CUSTOMS BROKERS ACT OF 2004", AND FOR OTHER PURPOSES
SECTION 1. Section 27 of Republic Act No. 9280 is hereby amended to read as follows: LLphil
"SEC. 27. Acts Constituting the Practice of Customs Broker Profession. — Any single act or transaction embraced within the provision of Section 6 hereof shall constitute an act of engaging in the practice of customs broker profession. Import entry shall be signed by a customs broker and the consignee/owner/importer under oath based on the covering documents submitted by the importers: Provided, That export declaration shall be signed by the exporter or, at his option, delegate the signing and processing of the document to his designated customs broker or authorized representative."
SECTION 2. Section 29 of Republic Act No. 9280 is hereby amended to read as follows:
"SEC. 29. Admission to Professional Practice. — The practice of customs broker is a professional service, admission to which shall be determined upon the basis of individual and personal qualifications. However, nothing in this Act shall prevent a corporation from being registered for the purpose of engaging in the business of customs brokerage as long as the corporation shall engage or hire the services of at least one (1) customs broker."
"For purposes of this Act, the phrase 'engaging in the business of customs brokerage' shall mean making representations in behalf of importer-clients in the Bureau of Customs (BOC) and other government agencies: Provided, That such corporations engaged in the business of customs brokering shall have a minimum paid-up capital of One million pesos (Php1,000,000.00) before they are accredited by the BOC."
SECTION 3. Repealing Clause. — All laws, presidential decrees, executive orders, memorandum orders and other administrative orders, rules and regulations or parts thereof contrary to or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.
SECTION 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation in the Philippines. DacTEH
Approved: December 15, 2009
Cite This Law
Amending R.A. No. 9280 (Customs Brokers Act of 2004), Republic Act No. 9853, Dec 15, 2009 (Philippines)
Amending R.A. No. 9280 (Customs Brokers Act of 2004), Republic Act No. 9853 (Phil. 2009)
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