[ BC CUSTOMS ADMINISTRATIVE ORDER NO. 4-94, April 08, 1994 ]
SCHEDULE OF FINES TO BE IMPOSED IN THE SETTLEMENT OF SEIZURE CASES PENDING HEARING PURSUANT TO SECTION 2307 OF THE TARIFF AND CUSTOMS CODE, AS AMENDED BY EXECUTIVE ORDER NO. 38
I
Purpose
Purpose
To provide a uniform imposition of fines in the settlement of seizure cases pending hearing for purposes of consistency of action.
II
Schedule of Fines
Schedule of Fines
In the settlement of seizure cases pending hearing, where settlement thereof is allowed under the existing laws and regulations, the following schedule of fines for the corresponding violations are hereby provided:
A. FOR NO-DOLLAR IMPORTATION OF PERSONALLY-OWNED MOTOR VEHICLES | |||
A.1. | Commission of only one of the following: | ||
Violations |
Fines |
||
A.1.1. | Lack of BIS prior authority | ||
A.1.2. | Lack of one year residency abroad | 20% | |
A.1.3. | Lack of proof of income abroad | ||
A.1.4 | Lack of 6 months use/registration | ||
A.2. | Non-compliance of two (2) of the above-requirements | 30% | |
A.3. | Non-compliance of three (3) of the above-requirements | 50% | |
A.4. | Non-compliance of all the above- requirements | 80% | |
A.5. | Second violation of any of the above-requirements | 30% | |
A.6. | 3rd violation of any of the above requirements | no settlement by fine | |
B. For Used Buses/Trucks | |||
Violations |
Fines |
||
B.1 | No IAC-UTE prior authority to import | 30% | |
B.2 | Violation of IAC-UTE authority to import | 30% | |
B.3 | Violation of BIS prior authority to import | 30% | |
B.4 | Second violation of any of B.1, B.2 or B.3 | 80% | |
B.5 | Third violation of any of the above requirements | no settlement by fine | |
C. | Only Violation is Lack of SGS Clean Report of Findings (CRF) | ||
C.1 | First Violation | 20% | |
C.2. | Second Violation | 40% | |
C.3. | Third Violation | 60% | |
C.4. | Fourth Violation | 80% | |
C.5. | Fifth Violation | no settlement by fine | |
D. | Violation of Section 2503 of the TCCP | ||
D.1 | Undervaluation, misdeclaration and misclassification with more than 30% discrepancy in duty but prima facie evidence of fraud satisfactorily rebutted | 60% | |
D.2 | Second violation | no settlement by fine | |
E. | Other Violations | ||
No prior authority to import regulated importations. | |||
E.1 | First Violation | 30% | |
E.2 | Second Violation | 80% | |
E.3 | Third Violation | no settlement by fine |
III
Repealing Clause
Repealing Clause
All orders, rules and regulations issued by this Bureau inconsistent with this Order are hereby revoked.
IV
Effectivity Clause
Effectivity Clause
This Order shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation.
Adopted: 8 Apr. 1994
(SGD.) GUILLERMO L. PARAYNO, JR.
Commissioner
Commissioner