[ BOC CUSTOMS MEMORANDUM ORDER NO. 15-2013, November 22, 2013 ]
ESTABLISHMENT OF THE DUAL CHANNEL DECLARATION SYSTEM, THE RED AND GREEN CHANNELS , FOR ARRIVING PASSENGERS AND CREW MEMBERS IN THE NINOY AQUINO INTERNATIONAL AIRPORT (NAIA)
I. OBJECTIVES
1.1
To prescribe simplified customs procedures for arriving passengers, international airlines crew members and their baggage;
1.2
To expedite the clearance of passengers, international airlines crew members and their baggage;
1.3
To contribute to the efforts
to improve the flow of international arriving passenger traffic at NAIA
for efficient and effective Customs controls;
1.4
To collect lawful revenue on imported goods and prevention of smuggling.
II. COVERAGE
This Order shall be initially implemented as Pilot project at the Terminal 1 of the NAIA.
III. GENERAL PROVISIONS
3.1
All passengers and crew
members of international airlines arriving in Terminal 1, NAIA airports
in the country are advised to choose between the following types of
channels:
a.
Green Channel
for passengers and with NOTHING TO DECLARE or having with them no goods
or only goods which can be admitted free of import duties and taxes and
which are not subject to import prohibitions or restrictions; and
b.
Red Channel
for passengers and crew with GOODS TO DECLARE or having with them goods
above the exempted customs limits and/or carrying prohibited or
controlled goods
3.2
Each channel shall be
clearly and distinctively marked so that the choice between them can
easily be understood by passengers and the crew. The basic distinctive
marking shall be as follows:
a.
For the Green Channel, a green in the shape of a regular octagon, the words NOTHING TO DECLARE and the word CUSTOMS ;
b.
For the Red Channel, a red in the shape of a square, the words GOODS TO DECLARE and the word CUSTOMS .
3.3
The Bureau of Customs may
produce and print or cause the production and printing of information,
notices, leaflets on the Dual Channel Declaration System along the
arrival route up to and including the entrance to the Green and Red
Channels in order to provide passenger with clear and adequate Customs
Memorandum Order No. 15-2013 Establishment of the Dual Channel
Declaration System, The RED and GREEN CHANNELS , for Arriving
Passengers and Crew Members in the Ninoy Aquino International Airport
(NAIA) opportunity to select appropriate channel. The content of the
leaflets and notices should include guidance to passengers on the
functioning of the system, including the description and quantities of
duty-free goods passengers are allowed when selecting the green channel.
3.4
Airline companies shall
thereafter, upon request of the Bureau of Customs and as the need
arises, reproduce and print the information, notices, leaflets on the
Dual Channel Declaration System.
3.5
All Overseas Filipino Workers (OFW) may continue to utilize the existing OFW lane.
IV. OPERATIONAL PROVISIONS
4.1
All passengers and crew
members of international airlines in NAIA shall provide all information
and fill up completely and legibly the Customs Declaration Form. If
traveling with a family, only one (1) declaration is required to be made
by the head or any responsible member of the family.
4.2
The Customs Declaration Forms
shall be distributed to all passengers and crew members on board
international airlines and vessels within reasonable time before arrival
or disembarkation at the airport or seaport of entry in the
Philippines.
4.3
Customs Examiners (COO III)
assigned at the arrival area, shall require the presentation of the duly
accomplished Customs Declaration Form together with the Passport of the
passenger or crew member.
4.4
If Customs Declaration shows
that the passenger or crew member has NOTHING TO DECLARE or having with
them no goods or only goods which can be admitted free of import duties
and taxes and which are not subject to import prohibitions or
restrictions, the Customs Examiner direct them to proceed to Green Channel
and affixing his signature above the stamped or printed indicating his
Code no., Lane No. and Date in the appropriate spaces provided for under
the column FOR CUSTOMS USE ONLY . The Customs Examiner shall then
return the Passport of the Passenger and compile the declaration forms
collected by him during his tour of duty and officially turn over the
forms of the permanent file of records for future reference and/or
disposal in accordance with the existing rules and regulations.
4.5
In cases where there is an
advanced derogatory information concerning the passenger, crew member or
his baggage, the Customs Examiner shall exercise due diligence and may
direct passenger to the Red Channel and proceed with
the examination, assessment or in appropriate cases, recommend the
seizure or confiscation of the articles in accordance with existing
customs laws, rules and regulations and other special laws implemented
by the Bureau of Customs.
4.6
If Customs Declaration shows
that the passenger or crew member has GOODS TO DECLARE, the Customs
Examiner shall direct them to the Red Channel.
4.7
Customs Examiner assigned at the Red Channel
shall conduct an examination and report his findings and appraisal in
the appropriate spaces at the dorsal side of the Customs Declaration
Form under the column FOR CUSTOMS USE ONLY , indicating therein the
quantity, description of articles, dutiable value and rate of duty and
tax, together with the summary of duties and taxes and tax computation,
jointly signed by him and the Flight Supervisor/Customs Appraiser (COO
V) above their printed name, designation and date.
4.8
After the payment of the
duties and taxes, the Cashier/Collecting Officer shall issue the
validated/original official receipt and Return the Passport to the
Passenger or crew member. The Cashier/Collecting Officer shall retain a
copy of the official receipt together with the assessed Customs
Declaration Form.
4.9
If the passenger or crew
member is carrying into the country legal tender Philippine notes,
coins, checks or money orders in an amount exceeding Ten Thousand
(P10,000.00) Pesos, the Custom Examiner shall require him to submit an
authorization from the Bangko Sentral ng Pilipinas, otherwise the amount
in excess of Ten Thousand (P10,000.00) Pesos shall be withheld pending
submission of the said authorization from the BSP (BSP Circular No. 98,
s-1995).
4.10
If the passenger or crew is
bringing in foreign currency or other foreign exchange-denominated
bearer negotiable monetary instruments in excess of US$10,000.00 or its
equivalent, the Customs Examiner shall refer the passenger/crew to the
Foreign Currency Declaration Counter to fill up the Foreign Currency or
Other Foreign Exchange Denominated Bearer Negotiable Monetary
Instruments Form, to be submitted to the Customs Officer at the Customs
Desk in the Arrival or Departure Area (BSP Circular No. 308, s-2001 as
amended by BSP Circular 507, s-2006).
4.11
If upon examination, the
Examiner detects or discovers that the passenger or crew member is
bringing in the country prohibited articles such as marijuana, cocaine,
narcotics or other synthetic drugs; firearms, guns or part thereof,
ammunitions and explosives; obscene, pornographic magazines and immoral
articles; mislabelled, misbranded and adulterated articles of food and
drugs; gambling outfits and paraphernalia; or used clothing and rags,
among others, he shall immediately confiscate the same; conduct an
inventory in the presence of the passenger or crew and the enforcement
and other officers concerned; issue a Held Baggage Receipt (HBR) and
place the articles in the IN-BOUND Section, Baggage Assistance Division.
The Examiner shall within twenty-four (24) hours, thereafter submit an
Incident Report to the Chief of the Arrival or Departure Division who,
in turn, shall recommend to the District Collector, thru the Deputy
Collector for Passenger Service, the issuance of Warrant of Seizure and
Detention.
4.12
The same procedure shall be
followed when, after examination the Examiner finds out that the
passenger or crew member is carrying in the country regulated articles
such as live animals and meat, their product and by products; fruits and
plants; marine and aquatic products; medicine and the like;
transceivers and communication equipment; imitation products or those
which violate the Intellectual Property Act, among others, without prior
clearance, permit or license to import or export the same, issued by
the appropriate government agency.
V. ADMINISTRATIVE PROVISIONS
5.1
Green and Red Channel One-Stop-Operation Center
5.1.1
There is hereby established a Green and Red Channel One-Stop Operation Center to monitor the day to day implementation of this Order.
5.1.2
The One Stop Operation Center
shall be set up near the arrival area and shall be the point of contact
by passengers and crew for any question and/or issues related to the
proper implementation of this Order. The Center must be manned during
office hours and must be equipped with adequate communications and staff
for the purpose.
5.1.3
The One Stop Operation Center
shall be headed by the District Collector with the Deputy Collector for
Passenger as its Assistant. The District Collector shall determine the
composition of the One Stop Operation Center.
5.1.4
The District Collector as
Head of the One Stop Operation Center, in coordination with other
airport authorities, shall immediately submit to the GRCIC a structural
and operation plan for the proper implementation of this Order.
5.1.5
The Head of the One Stop
Operation Center shall directly report to the GRCIC concerning issues
regarding the implementation of this Order.
5.2
Green and Red Channel Implementation Committee (GRIC)
Head
:
Deputy Commissioner for AOCG
Members
:
Deputy Commissioner for RCMG
Deputy Commissioner for IAG
Deputy Commissioner for IG
Deputy Commissioner for EG
Deputy Commissioner for IAG
Deputy Commissioner for IG
Deputy Commissioner for EG
5.2.2
The GRIC shall perform the following responsibilities:
5.2.2.1
Provide technical,
administrative and logistical support to the Green and Red Channel
Operation Center for the proper implementation of this Order including
the resolution of all implementation issues;
5.2.2.2
To provide for a smooth
transition plan from the existing mandatory submission of Customs
Declarations to the Dual Channel Declaration System;
5.2.2.3
Draft for approval of the
Commissioner of Customs and the Secretary of Finance, a Customs
Administrative Order for the implementation full implementation of the
Dual Channel Declaration System;
5.2.2.4
Coordinate with other
government authorities for the proper and full implementation of the
Dual Channel Declaration System in all international ports.
VI. REPEALING CLAUSE
All orders, circulars,
memoranda and other issuances inconsistent or in conflict with this
order are hereby modified or repealed accordingly.
VII. EFFECTIVITY
This Order shall take effect immediately.
(SGD) ROZZANO RUFINO B. BIAZON
Commissioner