Amendments to CMO 35-2015 Dated September 23, 2015

October 9, 2017

CUSTOMS MEMORANDUM ORDER NO. 020-17

 

Pending full implementation of Sections 1111-1112 and 1116-1117 of the CMTA on the issuance and lifting of Alert Orders, the following provisions of CMO 35-2015 are hereby amended as follows:

1. "5.2.4 Conduct a non-intrusive inspection or physical examination of the alerted shipment/s within forty-eight (48) hours from the receipt of the Alert Order. Once commenced, the conduct of examination must be done continuously, until the completion thereof. It shall be the duty and responsibility of the District Collector concerned to subject the alerted shipments to non-intrusive inspection or to coordinate with the terminal operator for the conduct of physical examination."

2. "5.2.5 Within twenty-four (24) hours from completion of the examination, submit duly accomplished Alert Order Report Form (Annex "B") to the District Collector, Alerting Office and Office of the Commissioner.

Alerted shipments found to have no discrepancy after non-intrusive inspection or physical examination must be released within forty-eight (48) hours from the return of findings from the examiner."

3. "5.3 The Alerting Officer shall designate at least two (2) representatives, who shall witness the conduct of the non-intrusive inspection or physical examination of the alerted shipment. If despite due notice, no representative from the alerting office appears, the District Collector shall assign another customs officer to witness the conduct of the inspection or examination. In all cases, representatives to the conduct of inspection or physical examination must be career personnel." aScITE

4. Another section under 6.1 of VI (Disposition of Alerted Shipments) is hereby added to read as follows:

"6.1.5. The approval of the District Collector of the recommendation which results to the release of the shipment shall be forwarded through the fastest means available to the Commissioner of Customs for automatic review within twenty-four (24) hours. After confirmation of the Commissioner of Customs, the goods shall be immediately released provided that completed staff work has been undertaken to guide the Commissioner's decision."

5. All reference to physical examination as used under CMO 35-2015 shall mean to include the option to conduct the non-intrusive inspection.

All BOC personnel are hereby reminded of Section 6.4 of CMO 35-2015 which provides:

"Any undue delay in the disposition of the Alert Orders shall be a ground for administrative and/or criminal action against the officer or personnel causing the delay pursuant to existing laws, rules and regulations."

Further, the authority conferred on specific BOC Officials to issue Alert Orders under CMO 14-2017 dated August 31, 2015 shall remain in full force and effect.

Processing of Alert Orders still pending disposition at the various ports shall likewise be covered by this Order.

For immediate compliance.

(SGD.) ISIDRO S. LAPEÑA, Ph.D., CSEECommissioner