[ CPA MEMORANDUM CIRCULAR NO. 04, November 26, 2012 ]
CLARIFICATORY GUIDELINE ON CPA ADMINISTRATIVE ORDER 02-2010 (OMNIBUS POLICY ON PRIVATE PORTS)
SECTION 1. Interpretation of Private Non-Commercial Port - A private non-commercial port as defined in Par 3.8.1 of CPA A.O. 02-2010 excludes private ports that cater to third-party cargoes, i.e. cargoes owned by parties other than the private port owner.
SECTION 2. Interpretation of Cargoes not owned by the Private Port Owner - Cargoes consigned to but not owned by the private port owner shall be deemed third-party cargoes for which the government share shall be collected from cargo handling (arrastre and stevedoring) services in accordance with the rate prescribed in Section 5 (Government Share) of CPA.O. No. 02-2010, which is 10% from domestic cargoes and 20% from foreign cargoes.
SECTION 3. Interpretation of a Private Port Engaged in Shipping - A private port engaged in shipping which caters to the public in general and their cargoes, is deemed to be engaged in commercial operations and classified as a private commercial port.
SECTION 4. Non-payment of government share - Collection of the government share shall be a prerequisite for clearance of vessels as no port clearance shall be granted unless and until all port charges and government share are paid.
SECTION 5. Effectivity - This Circular shall take effect immediately.
APPROVED.
(SGD.) ENGR. DENNIS R. VILLAMOR, CEO VI
General Manager